가등기말소
1. As to the portion of 3/7 shares in relation to Defendant A, and Defendant B and C, respectively, with respect to the portion of 2/7 shares in Jeondo-gun E, Jeondo-gun.
1.The facts under the recognition do not conflict between the Parties:
The plaintiff filed a lawsuit against D on February 12, 2009 against the Gwangju District Court 2008 Ghana 119926 and was sentenced to a favorable judgment on February 12, 2009. The above judgment became final and conclusive around that time.
B. On February 15, 2005, D entered into a purchase and sale promise (hereinafter “instant purchase promise”) with respect to the land of this case with F on the land of Jeonnam-gun E, Jeonnam-do (hereinafter “the instant land”). Pursuant to the instant purchase and sale contract, F completed the registration of the right to claim for transfer of ownership on February 16, 2005 as the Seoul District Court’s Full Registry No. 1436, Feb. 16, 2005.
C. The F died on December 21, 2007, and the Defendant B and C, his spouse, succeeded to F.
2. The right which would have the effect of a trade by declaring the intention of completion of the trade reservation in the unilateral promise for sale and purchase; that is, the right to conclude the trade reservation is a kind of right to form the trade reservation and, if not, within such period of exercise; if not, within 10 years from the time when the reservation is made; and if such period of exercise expires, the right to conclude the reservation shall expire upon the lapse of the exclusion period;
[See Supreme Court Decision 9Da22682, 22699, Nov. 10, 1995, etc.] In light of the above legal principles, unless it is acknowledged that the period for the exercise of the right to complete purchase and sale reservation was agreed between D and F, and that the period has not yet lapsed, the right to complete purchase and sale reservation based on the instant trade reservation has already expired at the expiration of 10 years from the date of the establishment of the instant trade reservation. Since the Defendants did not dispute this, the Defendants’ right to complete purchase and sale reservation based on the instant trade reservation, which is F’s heir based on the instant trade reservation, is deemed to have already expired.
Therefore, the Defendants’ name as to the instant land is the same.